Employee Obligations

You must notify the department of any change in your circumstances.

If you cease employment, you must do one of the following:

• find another employer who is willing to nominate you
• apply for another type of substantive visa
• leave Australia within 28 days unless your visa expires before that time, in which case you must leave Australia prior to visa expiry.

Visa conditions

If your application for a temporary visa is approved, the following visa condition, known as Condition 8107, will be applied to your visa. This visa condition relates to work conditions and stipulates that you must work:

• in the occupation you were nominated for; and
• for the sponsor, or an associated entity of the sponsor (except for exempt occupations). Further information is available on ComLaw.
  See: Subclass 457 – Exempt List of Occupations > FRLI > Compilations-Current > Search for IMMI 09/106.
• If you do cease employment, you must not cease for more than 28 consecutive days. You are considered to have ceased employment when either you, or your employer gives notice of intention to cease employment and the date of the notice of intention to cease employment has passed. If more than 28 consecutive days have passed since the date in the notice of intention to cease employment, you may be in breach of Condition 8107 and may have your visa cancelled. In the event that you abandon your employment, or are absent without leave (AWOL), you may be considered to have ceased employment.

If your visa is about to cease, and you want to apply for another Subclass 457 visa, you must lodge a new visa application.

From 14 September 2009, Subclass 457 visa holders who want to change employers (within the validity of their visa) will not be required to apply for a new Subclass 457 visa, however a nomination must be lodged and approved by your new sponsor.

Health insurance

From 14 September 2009, under visa Condition 8501, all new Subclass 457 visa holders are responsible for all health costs for themselves and their family. They will be required by law to maintain adequate insurance for these health costs for the length of their visa. Applicants for Subclass 457 visas will need to provide evidence that they have obtained adequate insurance before their visa can be granted.

For Subclass 457 visa holders, approved prior to 14 September 2009, the sponsor is still responsible for all medical or hospital expenses arising from treatment administered in a public hospital for the duration of the visa (other than expenses that are met by health insurance or reciprocal health care arrangements).
See: Subclass 457 – Health Insurance

Subclass 457 - market salary rates

From 14 September 2009, all sponsors of Subclass 457 visa holders (457 sponsors) will be required to adhere to a new series of sponsorship obligations. For 457 sponsors, the obligation to ensure equivalent terms and conditions of employment will mean that they pay market salary rates to their overseas workers. For Subclass 457 visa holders whose nomination or visa applications were approved prior to 14 September 2009, transitional arrangements may apply.
See:
Subclass 457 – Market Salary Rates
Subclass 457 – Minimum Salary Level Transitional Instrument > FRLI > Compilations-Current > Search for IMMI 09/109.

 

Before lodging an application, please read all related obligation requirements.
See: Other obligations